Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority

Regional or local authority

I.3)Main activity

General public services

I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Glasgow City Council

North Lanarkshire Council

East Renfrewshire Council

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting authority:

Legal Services Framework.

II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 21: Legal services
Main site or location of works, place of delivery or of performance: Glasgow, Renfrewshire, East Renfrewshire and North Lanarkshire.

NUTS code UKM

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves the establishment of a framework agreement

II.1.4)Information on framework agreement

Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 23

Duration of the framework agreement

Duration in years: 4

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 2 000 000 GBP

II.1.5)Short description of the contract or purchase(s)

The purpose of this tender exercise is to appoint Service Providers to a Framework Agreement, in relation to the following lots:
Lot 1 — Land and Property
Lot 2 — State Aid, Competition, Vires and Judicial Review
Lot 3 — Infrastructure and Projects
Lot 4 — Contentious Construction
Lot 5 — Rail related Infrastructure and Projects
Note: The buyer is using PCS-Tender to carry out this procurement process. Please note this is a separate website and if you are not already registered, registration will be required.

To access PCS-Tender, record your interest in this notice and access the tender documentation please visithttps://www.publictendersscotland.publiccontractsscotland.gov.uk and search for project Code 5651 under ITTs Open to All Suppliers. Please use the Search/Filter function, then select Project Code from the dropdown. Please note that once you have expressed interest in the ITT it will move to your My ITTs area.

To advise on all aspects of state aid, competition law, vires and judicial review.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

The full scope is detailed within the Invitation to Tender which is available to download.

4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

Lot No: 3 Lot title: Infrastructure and Projects

1)Short description

To advise on all aspects of non contentious construction, including EU Procurement advice, contentious construction issues and general legal advice relating to City Deal, Regeneration, Development and / or other Council projects.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

The full scope is detailed within the Invitation to Tender which is available to download.
Contracts called off under this lot may, at the procuring Council’s discretion, include services listed in lot 1 and / or lot 2 where these relate to the same project.

4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

Lot No: 4 Lot title: Contentious Construction

1)Short description

To advise on contentious construction issues relating to City Deal, Regeneration, Development and / or other council projects.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

The full scope of this lot is defined within the Invitation to Tender which is available to download.
Contracts called off under this lot may, at the procurement Council’s discretion, include services listed in lot 1 and / or lot 2 and / or lot 3 and / or lot 5, where these relate to the same project.

4)Indication about different date for duration of contract or starting/completion

5)Additional information about lots

Lot No: 5 Lot title: Rail related Infrastructure and Projects

1)Short description

Advice as defined in all other lots, specifically for projects which include rail industry requirements.
Individual requirements for this project may also be called off under any other relevant lot.

2)Common procurement vocabulary (CPV)

79100000, 79110000, 79111000, 79112000, 79130000, 79140000

3)Quantity or scope

The full scope is defined within the Invitation to Tender which is available to download.

4)Indication about different date for duration of contract or starting/completion

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Where the Tenderer is a consortium, the Framework Agreement and any subsequent Contract(s) will be entered into with the nominated lead organisation and all members of the consortium, who will in these circumstances each be required to execute the Framework Agreement and any subsequent Contract(s), together with all ancillary documentation, evidencing their joint and several liability in respect of their obligations and liabilities arising out of or in connection with the Framework Agreement and any or all Contract(s) awarded under the Framework Agreement. It will be for members of the consortium to sort out their respective duties and liabilities amongst each other. For administrative purposes, any associated documentation will be sent to the nominated lead organisation.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: no

III.2)Conditions for participation

III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: (1) All candidates will be required to produce a certificate or declaration demonstrating that they are not bankrupt or the subject of an administration order, are not being wound-up, have not granted a trust deed, are not the subject of a petition presented for sequestration of their estate, have not had a receiver, manager or administrator appointed and are not otherwise apparently insolvent.
(2) All candidates will be required to produce a certificate or declaration demonstrating that the candidate, their directors, or any other person who has powers of representation, decision or control of the candidate has not been convicted of conspiracy, corruption, bribery, or money laundering. Failure to provide such a declaration will result in the candidate being declared ineligible and they will not be selected to participate in this procurement process.
(3) All candidates will be required to produce a certificate or declaration demonstrating that they have not been convicted of a criminal offence relating to the conduct of their business or profession.
(4) All candidates will be required to produce a certificate or declaration demonstrating that they have not committed an act of grave misconduct in the course of their business or profession.
(5) All candidates must comply with the requirements of the State in which they are established, regarding registration on the professional or trade register.
(6) Any candidate found to be guilty of serious misrepresentation in providing any information required, may be declared ineligible and not selected to continue with this procurement process.
(7) All candidates will have to demonstrate that they are licensed, or a member of the relevant organisation, in the State where they are established, when the law of that State prohibits the provision of the services, described in this notice, by a person who is not so licensed or who is not a member of the relevant organisation.
(8) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the candidate is established
(9) All candidates will be required to produce a certificate or declaration demonstrating that they have fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: (1) All candidates will be required to provide evidence of relevant professional risk indemnity insurance.
Tenderers must evidence a good credit rating and an annual turnover of at least 200 000 GBP. The Council will use Dun and Bradstreet (D&B) Failure Score of 20 or above. It is recommended that candidates review their own D&B Failure Score in advance of submitting their tender submission. If, following this review, Tenderers consider that the D&B Failure Score does not reflect their current financial status; the Tenderer should give an explanation within the Tender submission, together with any relevant supporting independent evidence. The Council will review any such information as part of the evaluation of Tenderer’s financial status. Where the Tenderer is under no obligation to publish accounts and therefore does not have a D&B Failure Score, they must provide their audited financial accounts for the previous 2 years as part of their Tender Submission in order that the Council may assess these to determine the suitability of the Tenderer to undertake a contract of this size. Where a consortium bid is received, the D&B Failure Score of each consortium member shall be assessed. Where the Tenderer intends to sub-contract more than 25 % of any Contract value o a single sub-Service Provider, the Tenderer must provide a D&B comprehensive report on the sub-Service Provider. The Council reserves the right to request one copy of all sub-Service Providers last 2 financial years’ audited accounts and details of significant changes since the last financial year end. The Council also reserves the right to reject the use of sub-Service Providers in relation to the Contract where they fail to meet the Council’s minimum financial criteria. Where the Tenderer is a subsidiary of a group but is applying as a separate legal entity and fails to meet the minimum D&B Failure Score as a company, a parent company or bank guarantee may be required to allow to progression to stage two of the evaluation. The parent company must meet the minimum financial requirements as assessed by the Council.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
(1) Details of the educational and professional qualifications of their managerial staff; and those of the person(s) who would be responsible for providing the services or carrying out the work or works under the contract;
(2) An indication of the proportion of the contract which the services provider intends possibly to subcontract.
(3) A statement of the technicians or technical services available to the candidate to carry out the work under the contract; or be involved in the production of goods or the provision of services under the contract; particularly those responsible for quality control, whether or not they are independent of the candidate.
Minimum level(s) of standards possibly required:
Tenderers must evidence robust health and safety policies and processes in operation. Tenderers will also be required to provide their up to date Health and Safety Policy.
Tenderers must confirm compliance or qualifications proposed must be deemed acceptable by the Council for the Framework Conditions and Conditions of Contract.
Tenderers must confirm they are able to comply with all aspects of the Scope of the Framework Agreement relevant to each lot the Tenderer is applying to be considered for.
Tenderers must evidence relevant, appropriate and recent organisational experience in relation to fulfilling the requirements of the Contract by providing two relevant case studies for each lot they wish to be considered for. The case studies are required to demonstrate the Tenderer’s organisational experience and track record of delivering similar contracts to those that may be called off under the Framework Agreement.
Tenderers must detail an appropriate complaints procedure with details of a proposed account manager and escalation points.
Tenderers must confirm that they do not use, or ever intend to use, prohibited lists to exclude employees or potential employees on grounds of trade union membership or trade union activities.

III.2.4)Information about reserved contracts

III.3)Conditions specific to services contracts

III.3.1)Information about a particular profession

III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

Open

IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

IV.1.3)Reduction of the number of operators during the negotiation or dialogue

IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

IV.2.2)Information about electronic auction

An electronic auction will be used: no

IV.3)Administrative information

IV.3.1)File reference number attributed by the contracting authority:

RC1603-5651(ITT_11962)

IV.3.2)Previous publication(s) concerning the same contract

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

IV.3.4)Time limit for receipt of tenders or requests to participate

6.5.2016 – 12:00

IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

English.

IV.3.7)Minimum time frame during which the tenderer must maintain the tender

IV.3.8)Conditions for opening of tenders

Date: 6.5.2016 – 12:00

Place:

Renfrewshire House, Cotton Street, Paisley.

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes
Estimated timing for further notices to be published: 4 years.

VI.2)Information about European Union funds

VI.3)Additional information

(SC Ref:438146).

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: An economic operator that suffers or risks suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2012 (Scottish SI 2012/88) (as amended) may bring proceedings in the Sheriff Court or the Court of Session.

VI.4.3)Service from which information about the lodging of appeals may be obtained